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Ohio Questions & Answers
2 Answers | Asked in Contracts for Ohio on
Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family

But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 3, 2020

I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I never received notice of my lease renewal. Does that mean I no longer have a lease?

I moved here two years ago and signed a 12 month lease. Shortly before that 12 month period was over, I received an email that, per my lease agreement, my lease will be renewed for another 12 month period. Fast forward a year and now that 12 month period is up and I never received a renewal... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 3, 2020

You'll have to review your lease to determine if it has an automatic renewal term or any notice requirements. Use the Find a Lawyer tab to retain a local real estate attorney to review and advise you.

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: What are my rights? Do I have to allow him to have them?

I have sole custody of my children while their father only has visitation. He asked to switch our holiday schedule to have more time with them due to my oldest holiday break begins the 23rd. We agreed he would have them the 27th thru the 3rd thru texts. Now he is stating he wants them the 23rd thru... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

The court-ordered parenting time must be followed. Informal changes between parents can lead to this kind of trouble. If parents make other arrangements, but then plans change, then the court-ordered time must be followed, and if not, the parent who is not complying can be held in contempt.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away he was my step father raised me for over 50 years. My siblings are trying to cut me out. Can they?

I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

If the will cannot be found, and if he did not have a surviving spouse, then his estate will be divided among his natural and adopted children, but step children don't share. If the will can be found, and if it nominates you to be executor, and if the will is submitted to the probate court,... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord won't fix my floor or oven

I'm an international scholar who is renting an apartment. I'm seeking guidance to see if there is any law that protects me since I feel at an utter disadvantage for not knowing the law. I have contacted the management and landlord himself in numerous occasions about my repairs and they... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

Check your local court web site for the rent escrow process by which you pay your rent to the court into escrow. The court will then have the landlord come and explain what is being done to fixt the problems. If not enough, the court can terminate your lease so you can move and return your rent... Read more »

1 Answer | Asked in Social Security for Ohio on
Q: How do you fix a social security number issue with twins that some how got there number mixed up

One sister bought a car on the other sister social security number

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 1, 2020

Each one should take great care to keep her Social Security number confidential. It is part of her identity and bad things can happen if you Social Security number is being used illegally. That being said, it does occasionally happen that more than one person uses the same Social Security number,... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My mom recently passed away. Her boyfriend kicked me out and I’m still a minor. He won’t let me get my stuff

From the house. Can he legally stop me from grabbing all my clothes and legal documents?

Joseph Jaap
Joseph Jaap answered on Dec 1, 2020

Talk to a family member, teacher, or other trusted adult to help you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Property line and fence installation (Ohio)

Install of 4 ft fence around my prop. The subdivision in which I live has an HOA. All requests of this type need HOA approval. Based on the HOA gdlns, there is to be a 15-inch (at least) variance, in this case, at the back of the property (for utilities, emergency access, etc). (I believe city... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 30, 2020

City zoning always has priority over HOA rules. It is unlikely that the existing fence will be required to move. A boundary survey might be required to establish and mark the boundaries and required setbacks. Talk to both the city and the HOA management company about the required setbacks and... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: We own the house and the land that house directly sits on. My aunts bf owns the property. Can he "evict" us off property

We both the house from his brother and have a title to the house. The house came with the land that house directly sits on. He's constantly saying that if we don't pay him $X amount each month he will call the sherriff and have us removed. We pay our own property taxes as it is. His mom... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 30, 2020

You'll have to retain a local real estate attorney to review all the relevant real estate records to determine who has what specific rights to the house, land, any easements, etc. Use the Find a Lawyer tab.

1 Answer | Asked in Child Custody for Ohio on
Q: I live in ohio and i do not know the actual court ordered custody agreement my ex husband has. How would i find out?

My ex husband has denied me my weekend visits for the fifth time just to be vindictive and they are not allowed to contact me. How would i go about finding out the actual court ordered custody agreement?where would I go? And what do I do about stopping him from doing this again? My children are... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 30, 2020

Contact the court about obtaining a copy of the court's order. Then use the Find a Lawyer tab to retain a local family law attorney to assist you in possibly filing a motion to have him held in contempt.

1 Answer | Asked in Juvenile Law for Ohio on
Q: Im 15 and I want to be emancipated, how would I go about that ?
Joseph Jaap
Joseph Jaap answered on Nov 30, 2020

Ohio does not allow such voluntary emancipation. Here is more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

If there are problems at home, talk to a family member,...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can a shelter legally take ownership of a dog that has been brought to them?

My dog got out of my yard while I was at the store , he was taken to a shelter and when I called and scheduled to pick him up I was not made aware of a time limit that would give them ownership.. they then call me the day after he supposedly became their property to tell me he would be nuetered , I... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

In Colorado it’s 5 days, so it’s probably something similar in Ohio. I guess they should have told you, but they’re not really required to and most laws operate under the assumption that the owner will come immediately. Maybe they’ll let you re-adopt him

1 Answer | Asked in Immigration Law for Ohio on
Q: What will happen if we make a mistake in the citizenship n 400 form?

I just applied for citizenship n 400 and put no on the question legally change name instead of yes. But there was also the next question have u used any different names like the nickname... On that, I put yes... Now, what will happen? Please tell me?

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

Just correct the answer when you attend the examination. The examiner should be helpful. The examiner will realize that you want to be truthful, but may have been confused.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 Answer | Asked in Probate for Ohio on
Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Nov 28, 2020

She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How can i get my case off public records
Matthew Williams
Matthew Williams answered on Nov 28, 2020

If it’s an eligible conviction, you can apply to seal the record. Speak privately with an attorney.

2 Answers | Asked in Probate for Ohio on
Q: No will, small estate; but needs probate. I have all information. What is considered "customarily" fee for Stark County

My relatives had no children, and my mother is next of kin; but very elderly. I will be appointed administrator. Just need to fill out Release Form for Aunt and then full probate due to Uncle being survivor. Only had a house and one car. I am able to provide all records of assets, liabilities,... Read more »

Beverly A Stull
Beverly A Stull answered on Nov 28, 2020

There are two ways an attorney can charge for an estate. One is hourly and the other is according to the value of the estate. You can contact attorneys and ask how they charge. Also many attorneys will give a complementary consultation where they estimate their fees. And you can check the Stark... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom died several months ago in Ohio,I know I am in the will, but I have not received anything from the executors.

What and when should I expect notification of my inheritance. Can I get a copy of the will?

Aaron Epling
Aaron Epling answered on Nov 27, 2020

No news is bad news. You need to communicate with the executor to see where the process is. The executor may be strategically waiting to open the estate. Or, there may be nothing going through probate, so it wouldn't matter what the will says. If the executor is being evasive (like... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: 16 year old moved in with noncustodial parent. Do I need to take ex back to court for custody and child support

I am the noncustodial parent

Joseph Jaap
Joseph Jaap answered on Nov 25, 2020

If the court has already granted you custody, then you don't need to go back. You, the other parent, and your child all must follow the court's parenting order. If other parent is not following court-ordered parenting time, and is allowing the child to stay there, then you can file with... Read more »

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